« EelmineJätka »
spector to make report every session, 147 ; inspector not eligible as
member of house of assembly, ib.; inspector of police may punish
constable for minor offences, 149; inspector of police may commit
constable to prison, ib.
police constables appointed for certain places, 148, 149.
constables to attend fires, 151, 152; inspector to keep register of com-
mon lodging-houses, 214; constable may apprehend loiterer at night
on suspicion of felony, 63, 76 ; no wheeled carriage to be unneces-
sarily driven across Fleeming's Square under penalty, unless re-
gimental band is performing for other than military purposes, 238.
CONTRACTS of service, 227. See Master and Servant.
CONVEYANCE, priority of title by registration, 178.
CONVICTION, SUMMARY, procedure by, 65, 77. See Criminal Law.
CORONER, procedure on finding of murder, &c., 127; duty of clerk of
the crown on a finding of murder or manslaughter, &c., ib.; coroner
to put in writing evidence taken before jury, 112; may be tried for
CORPORATION, act for incorporation of companies, 6. See Company.
COSTS, on conviction for assault or misdemeanor, 65; may be removed by
COUNCIL, CLERK OF, office defined, 300.
COURTS, salaries of judges in, 300. See Salaries.
procedure for drawing juries to be the same in all courts, 47. See Court,
General, subd. Juries.
COURT, DIVORCE AND MATRIMONIAL, procedure on application
by deserted wife for maintenance, 40.
COURT, GENERAL, salaries, 311.
judge may order a prisoner to be brought up to give evidence, 27.
recovery of small tenements, 24 et seq.
juries; qualification of jurors, 41, 49, exemptions, ib., 48; disqualifica-
tion, 42; precept for list of qualified jurors, ib. ; list to be made, jury
book, ib.; correction of list, ib.; a general panel of jurors to be
drawn for each term, 43 ; juries, how drawn in Court to try issues,
44; summoning of jurors, 43, 44; different issues may be tried by
same jurors, 44 ; special juries to be struck in certain cases, 45; jus-
tices to select qualified persons as special jurors for one year, ib.;
special jury book, ib.; mode of striking special juries, ib.; party ap-
plying for special jury to pay fees, &c., 46; trial of felony by special
jury, ib.; mode of appointing viewers, ib.; mode of drawing juries
to be the same in all Courts, 47; challenges of jurors allowed, ib.;
talesnien, when and how drawn, ib.; in indictments for treason, &c.,
not more than twenty persons may be challenged, 114; penalty on
jurors not attending, 47; alien may be tried by jury de medietate
linguæ, ib.; expenses of jury list, &c., 48; certain acts of assembly
power under judgment summonses extended, 26.
how judge of Court of Common Pleas niay sue and be sued, 27.
how security to be given and enforced, ib.
form of judgment summons and warrant of commitment, 27, 29.
bankruptcy and insolvency of plaintiff no abatement if assignee elect to
Court of Chancery, powers of, transferred to General Court, 21 : judges
may sit at chambers, &c., ib. ; suits pending in chancery to be trans-
ferred, ib.; Court of Equity inay award damages, 22; judges of, to
make rules and tables of fees, 22, 24; additional remuneration to judges,
22; rules and fee table to be published, ib.; registrar of records to be
ex-officio registrar, 22; damages may be assessed or questions of fact
tried before the Court itself with or without a jury, 22, 23; party
may be required to admit documents, costs, 23 ; Court to determine
all questions of law and fact, 24; how causes shall be commenced,
30; service of copy of bill and summons, ib.; form of writ, 33; de-
fendant about to leave the colony may be held to bail, 30; special
orders may issue before actual filing of bill, ib. ; sections of 17 Vict.
c. 20, to apply to writs on equity side, ib.; mode of appearance to
writ of summons, ib.; time for filing answer, replies and pleadings,
31 ; decree by default, 31, 22; summons to obtain an answer to in-
terrogatories, 31; what defendant's answer may contain, ib.; setting
down cause for hearing, ib.; signing bills, sealing papers, issuing
præcipe, and recording proceedings, 32 ; decrees in equity to have
effect of judgments, ib.; contempt of Court, ib.; decree in equity
gives legal right, though party ordered to execute a deed does not do
so, ib.; sittings in equity, ib.; registrar to give notice, ib.; incorpo-
rates certain sections of 15 & 16 Vict. c. 86, ib.; judgment by default
on filing affidavit, ib.; practice in equity, when not specified to be
as at law, 33 ; equity act not to abridge jurisdiction of General Court,
&c., ib.; "chief and assistant justice” defined, ib. ; parties to certain
suits, 34 ; parties to adniinistration suit, ib. ; to suit to enforce a trust,
suit to restrain waste or injury to property, ib. ; conduct of suit
in such cases, 26 ; trustee to represent cestui que trust, ib.; stamped
copy of administration summons to be filed, 36; filing of summons
to be lis pendens, ib.; order for administration of real estate, ib. ;
misjoinder, suit not to be dismissed for misjoinder of plaintiff's, but
Court may modify decree, ib.; declaratory order only may be made,
37; parties, Court may decide between parties without joinder of
others interested, ib. ; abatement, &c., order with effect of decree on
bill of revivor, ib.; revivor by order without bill, ib. ; new facts, &c.
to be introduced as amendments to bill, &c., 38; order for adminis-
tration of estate on summons by creditor legatee, &c., 35; Court may
proceed without representative of deceased person or may appoint
one, ib. ; special directions as to mode of taking accounts, 38.
Court may direct sale of mortgaged property instead of foreclosure, 36;
Court may order real estate to be sold, 38 ; before sale of estate
abstract to be laid before counsel, ib. ; time for delivery of abstract
to be specified in conditions of sale, 39.
Court may allow to parties income from property in dispute, ib.
CRIMINAL LAW. See Constables, Court (General), Evidence, Justices.
abettors in misdemeanors, 52, 76, 102, 105; in offences punishable on
summary conviction, 102.
abduction of a woman, 61; fraudulent abduction of a girl under age,
ib.; abduction of girl under sixteen years, ib.
abortion, procuring drugs, &c. to cause abortion, 63; administering
drugs or using instruments to procure abortion, 62.
arms; not lawful to carry deadly weapons about the person, 240; con-
stables may arrest persons found armed, ib.; offences may be heard
by one justice : penalty and forfeiture of weapon, ib.; protection to
justices and constables acting under act, ib.; military and navy ex-
accessories before and after the fact may be prosecuted as such, or as sub-
stantive felons, and independently of principal, 51; punishment of,
52, 64, 76; prosecution of after principal has been convicted, but not
attainted, 52; several accessories in same information, ib.; prin-
cipals in the second degree and accessories in felony, 64, 76, 101, 105.
accusing or threatening to accuse with intent to extort, 89.
acts repealed from December 1st, 1865, 131 ; offences committed against
act repealed prior to repeal, to be dealt with as though act in
apprehension of offender, 125.
assault with intent to rob, 88; with intent to commit felony, 58; on
clergy man in discharge of duty, 58; on magistrate or officer, on ac-
count of his preserving wreck, ib.; with intent to commit felony, or on
peace officers, &c., ib.; arising from trade combination, &c., ib.; punish-
ment for common assault or battery, 59, 60; punishment for aggra-
vated assault on female or boy under fourteen years of age, ib.;
certificate that complaint was dismissed, 59 ; certificate or conviction
a bar to other proceedings, ib.; exceptions, ib. ; punishment for assault
occasioning bodily harm, ib.; indecent assaults, &c., how punished, ib.
attempt to commit an infamous crime, 63.
bail, when may be taken by police, 145.
bestiality, 63 ; attempt to commit, ib.
bodily barm. See Malicious Injuries.
by furious driving, 58.
burglary by breaking out, 90; punishment, ib.; what building deemed
part of dwelling-house, ib.; entering dwelling-house at night with
intent to commit felony, ib.; breaking into any building within the
curtilage, and committing felony, ib.; breaking into house, shop, ware-
house, &c., and committing felony, ib.; housebreaking, &c., with
intent to commit felony, ib., being armed with intent to commit bur-
glary, &c., 90, 91; previous conviction, 91.
cartage and drayage act, offences against, 235.
child stealing, 61 ; concealing the birth of a child, 63.
church, breaking and entering church or chapel and committing
clergymen, assaulting, 58.
coin, penalty for attempting to pass false coin, 124.
concealment of birth, 63.
constables, harbouring while on duty, 146; assaultiny, 146. See Con-
coroner, 112. See Coroner.
defilement of women and girls, procuring the defilement of girl under
age, 60; carnally knowing a girl under ten years of age, ib.; carnally
knowing a girl between the ages of ten and twelve, ib.; attempts, ib.
embezzlement by clerks or servants, 93 ; by persons in the Queen's ser-
vice, ib.; form of information and warrant of commitment, 94; agent,
banker, &c., embezzling, &c. money or selling securities, goods, &c., in-
trusted to him, 95, 96; under power of attorney, 96 ; factors obtaining
advances on property, ib.; definitions ofterm“intrusted,”97 ; “pledge,”
ib.; “possessed,” ib.; "advance,” ib.; "contract or agreement,” ib.;
“advance,” ib.; clerks assisting in frauds by factors, ib.; possession
to be evidence of intrusting, 98; trustees fraudulently disposing of pro-
perty guilty of a misdemeanor, ib.; prosecution only with sanction of
judge or attorney-general, ib.; directors, &c., fraudulently appro-
priating property, ib.; or keeping fraudulent accounts, ib.; or wilfully
destroying books, &c., ib.; or publishing fraudulent statements, ib.;
liability for embezzlement or fraud not to excuse persons from giving
evidence, ib. ; remedies at law or in equity not affected, 99; no remedy
at law or in equity shall be affected by criminal proceeding for em-
bezzlement, &c., ib.; convictions shall not be received in evidence in
civil suits, ib.
evidence in criminal cases, discrediting and contradictory witness, 130;
proof by attesting witnesses, 131; comparison of disputed hand-
explosive and corrosive substance. See subd. Malicious Injuries.
false pretences, obtaining money, &c., by, 99; no acquittal because
offence is larceny, ib.; form of information and evidence, ib.; where
money, &c., is caused to be paid to any other person, 100; inducing
persons by fraud to execute deed, &c., ib.
fines, recovery of fines and penalties ; application of forfeitures and
penalties on summary convictions, 104.
forfeiture, jury not to inquire as to the lands, &c., of felons, 114.
forgery, repeal of certain acts, 107; forging security, &c., ib.; making
false entry in books at the public bank, ib.; forging transfer of public
stock or fund, &c., ib.; personating owner of a share, &c., 108; for
forging signature of a witness to power of attorney, ib.; forging deed,
&c., ib.; unauthorized acknowledginents of a recognizance, ib.; en-
graving bill of exchange, &c., ib. ; payment of costs by convict, 111;
application of certain acts, repeal of others, ib.; forgery of document
under regulation act, 179.
fraud. See Embezzlement.
furious driving, 58.
homicide, murder, 52; information for, ib.; sentence for murder, ib.;
manslaughter, 53; information for, ib.; information for murder or man-
slaughter, ib.; excusable homicides, ib.; petit treason, ib.; administer-
ing poison or wounding, with intent to murder, ib.; damaging
building with gunpowder, &c., with intent to murder, ib. ; setting fire
to or casting away ship, with intent to murder, 54; attempting to
administer poison, or shooting or attempting to drown, &c., with
intent to murder, ib.; by any other means attempting to murder, ib.;
sending letters threatening to murder, ib.
idle and disorderly persons, 126; 9th section of 4 Vict. c. 29, re-
indictment, procedure by, abolished, 118; examinations and informa-
tions before justices not for summary jurisdiction, to be transmitted to
the Attorney-General, ib.
information, procedure, ib.; not insufficient for want of certain tech-
nical expressions, 123.
injuries. See Malicious Injuries.
insane person convicted of offence to be sent to asylum, 129; person
charged with offence and found insane, may be sent to asylum, ib.;
powers of commissioners of asylum over lunatic criminals, ib.; expenses
of care ot' lunatic criminals, &c., ib.
interpretation of statute, number and gender, &c., 116; “attorney-
general,” 127; "carnal knowledge,” 03; “custody," 109; “docu-
ment of title,” &c., 79; " indictable offence,”125; " infamous crime,
89; “ information,” 125; “misdemeanor,” 118; “night,” 80,
125; “person,” 109 ; property,” 80, 125; “ trustee,” 79;
“ valuable security,” 80.
jury. See Court, General.
justice, 112. See Justices. Justices and coroners may be tried for neg-
lect, ib.; proceedings against justices for excess of jurisdiction, 78, 79.
larceny, interpretation of terms, “ document of title to goods,” 79 ;
“document of title to lands,” ib.; “trustee,” ib.; " valuable security,”
80; property,” ib.; "night,” ib.; all larcenies to be of the same
nature, ib.; bailees fraudulently converting property, ib.; punishment
for simple larceny, ib.; three larcenies within six months may be
charged in one information, ib., where a single taking is charged
and several takings are proved, ib. ; after conviction for felony, 81;
after conviction of an indictable misdemeanor, ib. ; after two sum-
mary convictions, ib.; stealing horses, cows, sheep, &c., ib.; killing
animals with intent to steal the carcase, &c., ib.; stealing dogs, ib.;
possession of stolen dogs, 82 ; taking money to restore dogs, ib.;
stealing beasts or birds ordinarily kept in confinement, and not the
subjects of larceny, 82; possession of stolen beasts, &c., ib.; killing
pigeons, 83, taking fish, turtle or other shell-fish in private water,
ib. ; the tackle of fishers may be seized, ib. ; bonds, bills, notes, &c.,
ib. ; deeds, &c. relating to real property, ib.; form of information, ib.;
wills or codicils, 84 ; information, ib. ; stealing records or other legal
documents, ib.; form of information, ib.; metal, glass, woods, &c.,
fixed to house or land, 85; stealing trees, shrubs, &c., ib.; stealing,
&c., live or dead fence, wooden fence, stile or gate, 86 ; suspected
persons in possession of wood, &c., ib.; stealing, &c., any fruit or
vegetable, ib.; stealing, salt from salt-ponds, &c., 87; stealing from
the person, ib.; on trial for robbery, jury may convict of assault with
intent to rob, ib.; demanding money, &c., with menaces or by force,
with intent to steal, 88 ; letter threatening to accuse of crime with
intent to extort, ib.; assault with intent to rob, ib.; robbery or assault
by person armed, or by two or more, or robbery and wounding, ib.;
stealing in dwelling-house to value of 51., 91; stealing in dwelling-
house, with menaces, ib.; stealing from ships, docks, wharves, &c.,
ib.; stealing from ship in distress, or wrecked, 92 ; persons in posses-
sion of shipwrecked goods, ib.; larceny by persons in the Queen's
service, 93; by clerks or servants, ib. ; tenant or lodger stealing chattel
or fixture, 95; receiving stolen, &c., goods, where the principal is
guilty of felony, 100; advertising reward for the return of stolen
property, &c., 103. See subd. Stolen Property.
letter demanding money, &c., with menaces, 88.
loiterer at night suspected of felony, &c., may be apprehended, 63, 76.
magistrate, assaulting, 58.
malicious injuries to persons: impeding escape from shipwreck, 54; shoot-
ing or attempting to shoot, or wounding with intent, 55 ; what consti-
tutes loaded arms, ib.; inflicting, bodily injury with or without
weapon, ib.; attempting to choke, &c., in order to commit indictable
offence, ib.; using chloroform, &c., to commit indictable offence, ib.;
administering poison, &c., with intent to injure or annoy, 56; indict-
ment on trial for felony, jury may convict of misdemeanor, ib.; not
providing apprentices or servants with food, &c., ib.; exposing chil-
dren, ib.; causing bodily injury by gunpowder, &c., ib.; attempt to
injure with gunpowder, &c., 57 ; setting spring guns, &c., with in-
tent to inflict grievous bodily harm, ib.
malicious injuries to property : setting fire to a church or chapel, 66 ;
setting fire to dwelling-house, a person being therein, ih.; to house,
outhouse, manufactory, farm-building, &c., ib.; to public building,
ib.; to other buildings, 67; setting fire to goods in any building, ib.;
attempt to set fire to buildings, ib.; destroying or damaging house
with gunpowder, a person being therein, ib.; attempting to destroy
building with gunpowder, ib.; tenants of houses, &c., maliciously
injuring them, 68 ; cutting or destroying machinery, or fire-engine,
felony, ib. ; setting fire to crops of corn, &c., 69 ; setting fire tó
stacks of corn, &c., ib. ; attempting to set fire to crops of corn, &c.,
or to stock or steer, ib.; destroying or damaging trees, shrubs, 69, 70,
76; destroying fruit or vegetable, 70, 71; destroying sea- bank or
wall on any canal, 71; destroying, &c., fence, wall, stile or gate, ib.;
removing piles of sea-bank, &c., 72; breaking down dam of a fish,
turtle or salt-pond, or poisoning fish, &c., ib.; destroying, &c., works
of art in museums, &c., ib.; killing or maiming cattle, and maiming
other animals, 73 ; setting fire to, casting away or otherwise destroy-
ing ships, ib.; attempting to set fire to a vessel, ib. ; attempting to
damage vessels with gunpowder, 74; damaging ships otherwise than
by fire, ib.; exhibiting false signals, &c., ib.; removing or concealing
buoys and other sea-marks, ib.; destroying wrecks or articles be-
longing thereto, ib.; malicious injuries not otherwise provided for,